People v. Superior Court

This petition by the People challenges a trial court ruling that the prospective testimony of Douglas Welsch is tainted by the illegal arrest of Venita Ryan and search of her purse. The trial court suppressed the prospective testimony, and the People seek a writ pursuant to Penal Code section 1538.5, subdivision (o), to reverse that ruling. We issue writ of mandate.

On August 27, 1979, while investigating a suspected fencing operation, Officer Daniel McTeague observed Peter Welsch getting into a car with Venita Ryan and three children. McTeague had been advised that there was an outstanding arrest warrant for Peter Welsch, and he stopped the car to arrest Peter Welsch on the warrant. During the stop he ordered Venita Ryan out of the car and arrested her for being under the influence of narcotics. The trial court ruled that arrest unlawful, a ruling petitioner does not challenge.

While under arrest both Peter Welsch and Venita Ryan consented to a search of the vehicle, stating that the officer would find nothing. The trial court ruled that the consents were properly obtained. In searching *431 under the driver’s side of the front seat, Officer McTeague found two masks…